75R13540 GWK-D                           

         By Hochberg, Naishtat, et al.                         H.B. No. 1333

         Substitute the following for H.B. No. 1333:

         By Dunnam                                         C.S.H.B. No. 1333

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the punishment for an offense motivated by bias or

 1-3     prejudice.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 12.47, Penal Code, is amended to read as

 1-6     follows:

 1-7           Sec. 12.47.  Penalty if Offense Committed Because of Bias or

 1-8     Prejudice.  If the judge or jury, whichever assesses punishment in

 1-9     the case, [court] makes an affirmative finding under Article

1-10     42.014, Code of Criminal Procedure, in the punishment phase of the

1-11     trial of an offense other than a first degree felony or a Class A

1-12     misdemeanor, the punishment for the offense is increased to the

1-13     punishment prescribed for the next highest category of offense.  If

1-14     the offense is a Class A misdemeanor, the minimum term of

1-15     confinement for the offense is increased to 180 days.

1-16           SECTION 2.  (a)  The change in the law made by this Act

1-17     applies only to an offense committed on or after the effective date

1-18     of this Act.  For purposes of this section, an offense is committed

1-19     before the effective date of this Act if any element of the offense

1-20     occurs before the effective date.

1-21           (b)  An offense committed before the effective date of this

1-22     Act is covered by the law in effect when the offense was committed,

1-23     and the former law is continued in effect for that purpose.

1-24           SECTION 3.  This Act takes effect September 1, 1997.

 2-1           SECTION 4.  The importance of this legislation and the

 2-2     crowded condition of the calendars in both houses create an

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended.